CITIZENSHIP AND IMMIGRATION |
Judicial Review |
Duong v. Canada (Minister of Citizenship and Immigration)
IMM-2768-00
Tremblay-Lamer J.
6/11/00
4 pp.
Practice--Trial Judge unable to fix date for hearing of application for judicial review within 90-day requirement of Immigration Act, s. 82.1(7)--Choice between waiting and signing order when judge available to hear matter and signing order immediately and be in non-compliance with deadline--Order issued at this time--Most unfortunate time limit cannot be met but, in interest of justice not to delay issuance of order--Lesser of two evils--Fairness requiring applicant know leave has been granted and when it has been granted--Spirit of s. 82.1(7) that matter be heard expeditiously as soon as materially possible--In this case, failure to comply with legislative requirement not entailing loss of jurisdiction: word "shall" in s. 82.1(7) should not be interpreted as being mandatory: McCain Foods Ltd. v. Canada (National Transportation Agency), [1993] 1 F.C. 583 (C.A.)--No public interest in declaration order null and void, and would not promote main object of Parliament--Immigration Act, R.S.C., 1985, c. I-2, s. 82.1(7) (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 19; S.C. 1990, c. 8, s. 53; 1992, c. 49, s. 73).